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AGENDA ITEM REPORT

Title: Report on Proposed Legislation AB 2623 - Elder and Dependent Adult Abuse Training
REPORT PROFILE
MEETING DATE
6/26/2014
BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Alexis Blaylock
REVIEWED BY (PRINT NAME)
Alan Deal
REPORT DATE
06/11/2014
APPROVED BY
Robert A. Stresak
DATE APPROVED
06/11/14
PURPOSE
Information Only
FINANCIAL IMPACT
No

ISSUE, BACKGROUND, ANALYSIS, & RECOMMENDATION
ISSUE:
This bill was created to change minimum content of elder and dependent adult abuse training courses. Language was amended after recommendations from POST and the Assembly Appropriations Committee. 

This item is submitted for information only.  No action is required by the Commission.
BACKGROUND:

AB 2623 is a bill regarding elder and dependent adult abuse training.

AB 2623 was originally introduced in February 2014, as an act to amend Penal Code Section 13515 and add Penal Code Section 368.7 relating to peace officers.

The bill sought to “require every law enforcement officer who would ordinarily respond to elder or dependent adult abuse reports or incidents of domestic violence to complete an updated course of instruction on elder abuse every two years.” This bill would have also required local law enforcement agencies to provide its officers with cards that “summarizes the training received,” and provide information on victims’ rights, local resources, and telephone numbers for other services.

Without amendments, this bill would have required POST to update recently updated training, and to continually update this training every two years, even if there were no significant content or informational updates necessary. This mandate would have resulted in ongoing indeterminate expenses to POST without justification or demonstrated need for the updates.

After several meetings with the author, and the review of the bill by the Assembly Appropriations Committee, the author amended the bill to remove the "every two years" update requirement and the information card requirement.

Staff has worked with the author which resulted in amendments acceptable to staff.

ANALYSIS:
AB 2623, as amended on May 23, 2014, is an act to amend Section 13515 of the Penal Code, relating to peace officers. The language to add Penal Code Section 368.7 was deleted.  As amended, this bill would change the minimum content of elder and dependent adult abuse training courses, and would require the commission to consult with “local” adult protective services, the Bureau of Medi-Cal Fraud and Elder Abuse, the Office of the State Long-Term Care Ombudsman and other subject matter experts, during any update of the content of Penal Code section 13515.

The updated content would minimally include all of the following subjects:
  1. Relevant laws
  2. Recognition of elder and dependent adult abuse
  3. Reporting requirements and procedures
  4. Neglect of elders and dependent adults
  5. Fraud of elders and dependent adults
  6. Physical abuse of elders and dependent adults
  7. Psychological abuse of elders and dependent adults
  8. The role of the local adult protective services and public guardian offices
  9. The legal rights of, and remedies available to, victims of elder or dependent adult abuse pursuant to Section 15657.03 of the Welfare and Institutions Code, including emergency protective orders and the option to request a simultaneous move-out order, and temporary restraining orders.

Most, if not all of this content is currently being taught in elder abuse courses.  POST finds the amendments acceptable since any updating of the content can occur as determined by POST. 

  

RECOMMENDATION:
No action being requested of the Commission at this time.
 
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